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HomeMy WebLinkAbout017-89TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 1111 Gc v /'? , 198(? File No. (01-7-V?) To: Parties in interest and others Re: Decision in the Application of N E uj F-o2,o -4 /v3 -r/ r -07-1 a/t) y=©2 s 4-<J / A) 6-G Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this date. Notice of the action with a copy of the complaint and certified copy of the decision must be given to the Town Clerk so as to be received within such twenty (20) days. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, April 28, 1989, at 2:30 p.m. in the Town and County Building, Nantucket, on the Application (017 -89) of NEW BEDFORD INSTITUTION FOR SAVINGS having an address at,c /o Sherburne, Powers & Needham, One Freedom Square, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Variance from the 35 -foot front -yard setback requirements of zoning Code Section 139 -16A to validate a front -yard setback of 28 feet for an existing single - family dwelling with 1986 addition to its front. 2. The premises are located at 100 Low Beach Road, Assesor's Parcel 75 -027, Lot 716 of Land Court Plan 5004 -41, zoned Limited Use General -3. 3. Our findings are based upon the Application papers including a site plan dated 1/11/89, HDC 11/4/85 Certificate of Appropriateness No. 15,368 with site plan and Building Permit application 4702 -86 for proposed one -story 3.2' X 12' addition to the existing 2,000 -SF dwelling, undated "partial plot plan" for Edward F, Vaughan residence, and representations and testimony received at our hearings of March 31 and April 28, 1989. 4. According to the partial plot plan, the dwelling constructed prior to the 39 -SF addition was sited at the top of the ocean bluff within an outward bend of the primary coastal bank. The plan does not indicate whether the setback of the dwelling from Low Beach Road was shown ,as- proposed or as- built, but scaling indicates a setback of about the required 35 feet. The later site plan which carries the 11/4/85 approval stamp of the Historic District Commission shows a rough sketch of the dwelling including the proposed addition to its front facade. A front -yard setback of 75 feet is marked on that plan. The Building Permit application lists 801+ for the distance to the front lot line (and the then owner as Robert Slimmon). 5. Having secured approval on that basis, then -owner Slimmon constructed the addition. No Certificate of Occupancy was obtained. The as -built plan shows the front of the addition only 28 feet from the street line. The depth of the addition is not indicated but was to be 3.2 feet. No submission was made of a Building Permit or as -built plan for the dwelling prior to the addition although typically available upon mortgage financing of a File No. 017 -89 purchase. The photoprints show the front entry stoop extending as far toward the street line as the addition. 6. To the extent the original dwelling may intrude into the 35 -foot setback, counsel for Applicant represents that such intrusion is protected by the recent amendment to the State Zoning Act M.G.L. c. 40A, Section 7 at the end. That amendment reads as a statute of limitations against zoning violation suits unless commenced within 10 years next after the commencement of the alleged violation. Counsel gives the relevant date as 12/10/74, at least for the dwelling without stoop. 7. Urging relief by Variance, counsel points to the topography of the site at the top of the bluff and the narrowness of the 151,888 -SF lot. Those factors may well have been the occasion for improper siting of the original dwelling, given its size. With the original dwelling already intruding into the required front yard, such factors do not warrant relief for a front addition represented as not intruding and improperly constructed on that basis. 8. Applicant may have extended a mortgage loan to owner Slimmon in the face of a front -yard zoning violation created by improper siting of the original dwelling. But there is no showing in our record that Applicant was involved with the addition. Nonetheless, the law is clear that Applicant is chargeable with the zoning violations of its predecessor. Here, where the violation was of the predecessor's own making, Applicant has no better standing in requesting relief. 9. We are unable to make any of the findings requisite for Variance relief. No hardship is found "owing to circumstances relating to the soil conditions, shape or topography" of the land or structures. The site plans make clear that a 39 -SF addition could have been attached away from the required setback without constraint from any such circumstances. Nor has lack of an addition been shown a hardship. Variance relief would encourage improper applications for Buiding Permits, defeat the purpose of front -yard setbacks and directly contradict the provisions of Section 139 -16A. A Variance grant would be detrimental to the public good and nullify or substantially derogate from the Bylaw purpose and intent. While we, and particularly Board members Waine and Leichter who voted in favor of relief, prefer to validate existing structures, particularly in the hands of an owner not chargeable with the violation to be cured, we are not to do so when the zoning Code and law requires otherwise. 10. Accordingly, upon motion to grant the requested Variance relief, the vote was two in favor (as noted - 2 - L File No. 017 -89 above) and 3 opposed. Relief is, therefore, DENIED. Dated May i9, 1989 ��a tdale I Q - - 3 - . YVd1i1C NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 16, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at D-:30 p.m. in the Town and County Building, Nantucket, on the Application of: NEW BEDFORD INSTITUTION FOR SAVINGS, Mortgagee in Possession Board of Appeals File No. 017 -89 seeking a Variance from the 35 -foot front -yard setback requirement of Section 139 -16A to validate the siting of an existing single - family dwelling with 28 -foot setback from Low Beach Road. The premises are at 100 Low Beach Road, Assessor's Parcel 75 -027, Land Court Plan 5004 -41, Lot 716, zoned Limited Use General- -3. 4 . -41 - -,- i X& , -,- William R. Sherman, Chairman BOA,Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS March 1989 TOWN AND'COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. 6/7 APPLICATION FOR RELIEF Owner's name (s) New Bedford Institution For Savings, Mortgagee in Possession Mailing address: c/o Sherburne, Powers & Needham, One Freedom Square, Nantucket, MA 02554 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel number 75 -27 Street address: 100 Low Beach Road Registry Land Ct Plan, j=nXXXXXXXDqXQXX RnX 3Cg 5004 -41 Lot 716 Date lot acquired: _L/j�.3 j 84 Deed RefC /T A1,127 Zoning district LUG -3 Uses on lot - commercial: None X,or MCD ?No - number of: dwellings 1 duplex 0 apartments 0 rental rooms— Building date(s): all pre -8/72? No or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits:None C of O? State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31A & B — attach decision or order appealed. OK to attach addendum Application for variance in accordance with the provisions of Section 139 -32A, Zoning By -Law, to validate a FrontYard Set -back of 28 feet instead of the required 35 feet in a LUG -3 District Items enclosed as part of this Application: orderl �t adde x nducture Locus map Site plan x showing present x �:lx��a� Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage T setbacks GCR parking data Assessor- certified addressee list 4 sets X mai}1 ni g labels 2 setsX 200 fee payable to Town of Nantucket X proof 'cap' covenantNo (If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and t ue to the best of my knowledge, under the pains and penalties of ;p�r ' ury Ne edord I titution for Savings SIGNATURE: By App"aat Attorney /x n X_ Theodore Tillotson, Esq. 3 (If not owner or owner's attorney, enclose proof of authority) BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS March 1989 TOWN AND'COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): New Bedford Institution For Savings, Mortgagee in Possession Mailing address: c/o Sherburne, Powers & Needham, One Freedom Square, Nantucket, MA 02554 Applicant's name: Same Mailing address: Same Location of lot: Assessor's map and parcel.number 75 -27 Street address: 100 Low Beach Road Registry Land Ct Plan, 5004 -41 Lot 716 Date lot acquired: 4/13/ 84 Deed RefC /T x1,127 Zoning district LUG -3 Uses on lot - commercial: None X,or MCD ?No - number of: dwellings 1 duplex 0 apartments rental rooms— Building date(s): all pre -8/72? No or Building Permit appl'n. Nos. Case Nos. all BoA applications, lawsuits:None C of 0? State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -31.A 'K -B , attach decision or order appealed. OK to attach addendum 2. Application for variance in accordance with the provisions of Section 139 -32A, Zoning By -Law, to validate a FrontYard Set -back of 28 feet instead of the required 35 feet in a LUG -3 District Items enclosed as part of this Application: orderl addendum2 Locus map Site plan x showing present x Inc structurexx Floor plans present proposed elevatl.ons (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee si t 4 sets X ma�ling labels 2 setsX 5200 fee payable to Town of Nantucket X proof 'cap' covenantNo l(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certify that the requested information submitted is substantially complete and t ue to the best of my knowledge, under the pains and penalties of/ ad 'ry Ne rd I titution for Savings SIGNATURE: By x�c10V1x�Q &ice Attorney /x"ak x Theodore Tillotson, Esq. 3(If not owner or owner's attorney, enclose proof of authority)